Every litigant expects justice in time, and to meet this very objective, the Supreme Court recognizes speedy justice as a Fundamental Right. Unfortunately, this could not be transformed into reality. We often read news about the heavy pendency in Indian courts and the ever-long wait for justice. I expect our Governments to take effective steps to ensure timely justice.
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My experience says that Taluka and District Courts lack basic infrastructure, a shortage of Judges and other Staff, and lack access to modern technology among many other things. Governments should immediately take steps to ensure the removal of the above shortcomings on a war footing.
It is the Governments that appoints Judicial Officers and subordinate Staff in coordination with the High Court. Hence, the onus lies with the Governments alone to mitigate the pendency of cases by taking appropriate measures.
Governments is the major stakeholder in Court matters as it is a party to every criminal case and the majority of civil matters. The ever-rising trend of filing cases against the Governments or its Offices shows the dissatisfaction faced by common men. The governments needs to evolve certain time-bound decision-making mechanisms in its Departments. This single step will curb a third of litigation.
Another aspect is asking people to approach Courts on the same issue that is already settled by Supreme Court or High Court. Governments should take effective measures to identify legal issues already settled and issue necessary directions to its Officers on those decisions without insisting on specific orders in each case.
To reduce pendency, various Tribunals were created. Sadly, they are lying vacant due to lack of appointments of Presiding Officers and Members. The Consumer Forums are mostly non-functional along with Administrative and Revenue Tribunals. A small step towards making necessary appointments will give solace to thousands of litigants awaiting justice.
We must understand “Justice Delayed is Justice Denied”.
By,
Firdos Mirza, Advocate,
Nagpur Bench of Bombay High Court
